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Looking back to last election, the grocery store that I normally frequent had an early voting polling place located within it. It is where I voted. However, I also went into the store for my normal food buying activities during the whole early voting days.

I know that polling places are a no-go while carrying. My question is, did the early voting make the entire store a no-go for carrying, or only the polling place within the store?

Sec. 46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(2) on the premises of a polling place on the day of an election or while early voting is in progress;

My OPINION....

Yes. The whole building is off limits during polling. "Premises"

46.03 (a)
(2) on the premises of a polling place on the day of an election or while early
voting is in progress;

46.035(f)
(3) “Premises” means a building or a portion of a building. The term does not
include any public or private driveway, street, sidewalk or walkway, parking lot,
parking garage, or other parking area.

Last year I was taking a class and the classroom was in City Hall. During the days when there was early voting going on in the building I DID NOT carry there.

I would agree with Roy. Even though premises can mean a portion of a building, I would take the conservative definition and ignore the ambiguous "portion of a building." To me, that means a room or area that's closed off from the rest of the building with walls and doors at the very least.

I guess it depends on your location. Considering that location, I would think it would be okay if gocery shopping without going near the polling location. My polling spot was in a room at the public library. I don't think I should have to treat the entire library as off limits. Just my opinion. Worth as much as you paid for it.

However, I don't know if the courts have addressed this or not. That would be the decider.

To each his own as this sounds like a 'gray' area.

Not willing to test the waters, I'd not carry into whatever building (library/grocery store, wherever...) while polling was going on.

Abraham wrote:To each his own as this sounds like a 'gray' area.

Not willing to test the waters, I'd not carry into whatever building (library/grocery store, wherever...) while polling was going on.

joe817 wrote:

Abraham wrote:To each his own as this sounds like a 'gray' area.

Not willing to test the waters, I'd not carry into whatever building (library/grocery store, wherever...) while polling was going on.

I disagree. The premise of the poling place is the area that voting is taking place. It's just like a court. If there is a court room in the city municipal building along with other public utilities, vehicle registration, a tax office and other offices associated with the city, the entire building is not off limits because of a court room and possibly a court office or two. The only off limits areas are the court and court offices. There are some cities that try to say that if there is a court in a building the entire building is off limits. This interpretation of the law is wrong because that was not the intention if the lawmakers when the law was passed. A court building (voting place) would be a building that housed only court(s) and court offices. Unless you are voting at the front checkouts?

I know it's a moot point now, but for next time... I tend to go in the side door whenever possible (the parking's usually better). If that door doesn't have the "vote here" sign up, how am I supposed to know? Cross-referencing an exhaustive list of voting locations with an exhaustive list of where I intend to go isn't particularly practical.

MeMelYup wrote: the entire building is not off limits because of a court room and possibly a court office or two. The only off limits areas are the court and court offices. There are some cities that try to say that if there is a court in a building the entire building is off limits. This interpretation of the law is wrong because that was not the intention if the lawmakers when the law was passed.

I've read/heard just the opposite.
Can't find any case law either way.

RoyGBiv wrote:

MeMelYup wrote: the entire building is not off limits because of a court room and possibly a court office or two. The only off limits areas are the court and court offices. There are some cities that try to say that if there is a court in a building the entire building is off limits. This interpretation of the law is wrong because that was not the intention if the lawmakers when the law was passed.

I've read/heard just the opposite.
Can't find any case law either way.

Although I don't know of any case law, I think the argument would be...

There is a tenet in interpreting laws that each phrase (clause?) must be enterpreted in a meaningful way if there is a way to do so. If you interpret "building or portion of a building" as meaning the whole building, then the "or portion of a building" phrase is meaningless. So, in the case of voting places, you would interpret as off limits only the portion of the building where voting was actually happening, the rest of the building would be open. For courts, if the whole building were courtrooms and rooms used by for court business, the whole building would be offlimits. If there are rooms for non-court related business, those areas would not be offlimits.

This is my opinion only, and worth what you paid for it. (Maybe... )

It's like the rules about open carrying here in New Mexico. You're not supposed to OC anywhere alcohol is sold, not even for off-premises consumption (stupid, because you CAN conceal-carry, so what's the point?). Grocery stores and Walmart carry booze. Some interpret the law to mean you can't OC in the liquor aisles, or if you have alcohol in your cart. Others interpret it as "nowhere in the building." Cops themselves can't decide, and as far as I know, there's no case law on it, nor has the legislature ever clarified the restriction.

If you get "caught," it's up to you (and your lawyer) to make the argument as to why you're right and the cop / district attorney is wrong. I don't play that game, so I cover up whenever I go to the grocery store, but I frequently see others proudly packing heat for the world to see in the grocery aisles (but not in the liquor aisle).